The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1887-04-28
LYNCH LAW AS THE CERBEKUS
or OUR SOCIAL SYSTEM.
Col. j. i. Orr Gives His Views.
Cor. NeuS and Courier.

cor. -herS ana courier.
GREENvILLE, April 2l.-Iu talk
with Col. James L. Orr, Solicitor of
the Eighth Judicial Circuit, yester-
day, representative of the Neacs and
Courier asked the solicitor question
framed in about these words: ''Why
are deeds of violence of sucl fire.
ouent occurrence in this State %
The 1orkville lynching was the text
of the conversation, but Col. Orr's
answer to the interrogatory so com
pletely covers the question Of the de-
lects in the criminal law brought
into notice by the York County affair
that the reporter does not hesitate to
reproduce it in this correspondence.
AS an officer Of the Court, who has
the reputation Of securing q very
large proportion of convictions, Col.
Orr is, Of course, and avowedly earn
estly opposed to lynching. 1T is,
he said, "Nihilism, Socialism, Anar-
chism, all in one.' How these fire.
quent resorts to lynch law are to be
stopped is one of the gravest prob.
lens We people. of South Carolina
have to contend with to-day. 1t is
here with US, and We have get to set,
tie it ourselves. But I honestly be-
lieve the root of the matter has been
lost sight of in great deal Of the
newspaper talk on the subject" So
licitor Orrs views, then, given as they
are with a grave feeling Of the vital
nature of the question, come appro-
priately in the present state Of pub
lie opinion. The Solicitor said:
There are several reasons which
account for the frequent occurrence
Of deeds Of violence in our State, and
in my opinion, the first is that the
pubic sentiment Of the State does
not frown upon offenders nor demand
their punishment. At the two last
sessions of the Legislature strong ef-
forts were made to have the crimir al
law amended so as TO do away with
the legal quirks and technicalities
behind which criminals shelter them
selves. Yet both efforts were unsuc-
cessful and why? Not because the
Legislature was averse to provide a
more speedy and certain punishment
for criminals. but because some of
the members seemed to forget that
they were there as representatives of
the good people of the State, rather
than as the attorneys of the crimi,
nails.
"The attempt has been made on
several occasions to reduce the
number Of peremptory challenges
from twenty for each defendant on
trial. Yet that has always been de.
feated and why? Not because it is
necessary for the protection of liberty,
for the Court would not allow any
man to sit in the jury box who was
not impartial, but simply 10 let the
defendant select jury. The theory
Of the law is that defendant may
object to any unfair man, but the
practice is to select q jury so as 10
secure an acquittal. The State has
but two. peremptory challenges, nc
matter how many defendants are on
trial. Each defendant has twenty
challenges, yet the State must have
the concurrence Of all twelve TO Sc
cure a conviction, when the defend
ants can prevent conviction by hav.
ing one single man on the jury.
But these are not our most Sc
rious troubles. What is the history ot
nearly all homicide casesin the State:
If it is a desperate case, most
likely the man runs off; a small re
ward is offered for him week or 8
month after the affray; true bill is
found, and that's the last Of it. unless
the States witnesses die or are gotten
of, when he comes back again. But
if he does not run off, things are 10,
Taucil better. A coroner repairs tc
the scene of the homicide, empanels
jury, goes through the show of ar
inquis;tion in the most perfunctory
way, swears what witnesses happer
to he on hand, and the jury find {
verdict, as like as not, that the de
ceased came to his death by persons
to the jurors unknown. No further
investigation is made by The corone:
and the papers are sent to the Court
; of Sessions, TO get along with then
as best it can.
Suppose, however, the coroner: